Pitfalls ahead for senators’ immigration plan



Now the hard part begins.




The blueprint unveiled by senators Monday amid warm bipartisan unity settled some of the most difficult questions that have bedeviled efforts to change immigration laws, particularly by endorsing a path to citizenship for an estimated 11 million illegal immigrants. But it left unanswered dozens of key questions, all of which must be meticulously negotiated in coming week under competing political pressures. And nobody thinks that will be easy.

“We still have a long way to go,” Sen. Charles E. Schumer (D-N.Y.) said Monday, while calling the broad framework a major breakthrough.

“A first step in what will continue to be difficult — but achievable,” said Sen. John McCain (R-Ariz.).

The politics for passage are quite treacherous, with a number of key Republicans already labeling this latest iteration of immigration proposals as amnesty for the nation’s 11 million illegal residents. But even before the group of four Democrats and four Republicans can focus on the persistent GOP opposition, they must translate their broad statement of principles on the issue into a detailed bill that can withstand intense legislative scrutiny.

That means tackling a number of extremely difficult issues by the end of March, when the group has said they hope to draft a bill. A bipartisan group is also working on legislation in the House, but most proponents believe legislative action will start in the Democratic-held Senate.

For instance, the Senate plan calls for offering illegal immigrants the chance to quickly achieve probationary legal residency, provided they register with the government and pay a fine and back taxes. But it does not outline how large a fine or how long the applicants would have to pay off their taxes.

“I think the question is how broad will the road to citizenship be?” said Ai-Jen Poo, director of the National Domestic Workers Alliance. “We have to make sure that it’s not so expensive and onerous that it doesn’t leave millions of people in limbo for an extended period of time.”

More critical to the coming debate is the senators’ requirement that illegal immigrants could not seek a green card — the first step to full citizenship — until the U.S.-Mexican border is secure and other enforcement measures are in place. They include a system for employers to verify the legal status of workers and a new way to track legal visa holders.

But the framework is silent on how federal officials would certify that the border is secure. It envisions the creation of a commission of governors, attorneys general and others living along the border to “make a recommendation regarding when the bill’s security measure outlined in the legislation are completed.” But it is not clear whether that recommendation would be considered advisory or would by law allow those with probationary status to seek permanent residency.

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Pitfalls ahead for senators’ immigration plan